CA sustains robber's conviction

CEBU, Philippines - The Court of Appeals has upheld the conviction of a man who robbed and killed two of the owners of a Cebu City hardware in 2001.

The appellate court however modified the penalty of death meted out by the RTC against Ruben Ago to reclusion perpetua or 20 to 40 years imprisonment.

Associate Justice Melchor Sadang also ordered Ago to pay the heirs of the victims, John Clemens Go and his cousin Brian Kirby Go, over P200,000 as civil, moral, exemplary and temperate damages.

“The lower court’s giving full faith and credence to the prosecution witnesses must be sustained. There can be no question that the eyewitness accounts of the prosecution deserve far greater weight and credence,” the CA decision read.

Sadang, in a 26-page decision, however said that the death penalty meted out against the accused should be reduced to reclusion perpetua pursuant to the Republic Act 9346 which prohibits the imposition of death penalty in the Philippines.

The accused however is directed to pay P75,000 as civil indemnity; P75,000 for moral damages; P30,000 for exemplary damages; and P25,000 for temperate damages.

Ago was also ordered to return the P2,000 cash and other unreturned items amounting to P26,000. He was likewise ordered to pay P100,000 moral damages to the 12-year-old Caren Jade Go, whom he kidnapped during the robbery incident.

Ago and co-accused Rufino Alacre, who is now deceased, were charged on June 4, 2011 of robbery with homicide, kidnapping and carnapping. The RTC dismissed the carnapping but sentenced Ago to suffer the penalty of death for robbery with homicide and reclusion perpetua for kidnapping. Ago appealed the decision.

Ago and Alacre robbed Filmon Hardware showroom at Escario St. Capitol Complex on May 29, 2001 at 5:15 in the afternoon. They killed the Go cousins during the incident and kidnapped Caren Jade.

Catherine Joy Go testified during trial that they were tending Filmon Hardware Showroom, their family business, when the two accused barged into the office. Ago, a former employee of Filmon Hardware, conspired with Alacre in committing the crime.

Catherine said Alacre removed the electric bulb of the showroom. Thereafter, Alacre demanded P50,000 but Brian Kirby told that they did not have much amount telling him that the place was only a showroom.

Alacre did not believe him and got the box containing only P2,100.

Catherine said their cousins Brian Kirby and John Clemens were killed while her sister Caren Jade was abducted by the accused when they fled using their car.    - THE FREEMAN